Terms of Sale
TERMS AND CONDITIONS OF SALE
1. FACTORY SUPPLY COMPANY dba factorysupplyoutlet.com (SELLER) Seller’s acceptance of Buyer’s order is expressly made conditional on Buyer’s consent to these terms and conditions. Buyer shall be deemed to have consented to the provisions hereof in all respects by its use of any goods shipped, or by failure to give Seller written notice of objection which is received by Seller within two (02) days of Buyer’s receipt of products or receipt of Seller’s acknowledgment, whichever is earlier. Buyer may return goods for which it has timely objected to Seller’s terms and conditions. Seller’s commencement, performance and/or delivery shall be for buyer’s convenience only and shall not be construed as acceptance of Buyer’s terms and conditions.
2. Seller’s products are offered for sale only on the terms and conditions contained herein. Prior dealings between the parties, Buyer’s purchase orders or other documents shall not affect said terms and conditions. Seller hereby objects to and shall not be bound by any oral written agreement or other understanding, or other any change in, addition to, or waiver of any provisions hereof, unless approved in writing by an authorized representative of Seller. Additional terms may apply to sales of returnable plastic and or steel drums, plastic and or steel bulk containers, or any other equipment.
3. Prices and terms of payment are subject to change without notice, and as to any shipment will be the then current price in effect for that product. Shipping dates are conditional upon availability of product. All sums shall be payable in legal tender of the USA. Acceptance by Seller of bank drafts, checks or other media of payment is subject to collection. Seller may recover for each delivery as a separate transaction, without reference to any other delivery. If Buyer is in default of any provisions of this Contract, Seller may defer further deliveries until the default is remedied in which event, if Seller elects, the Contract shall be deemed extended for a period of time equal to that during which deliveries are deferred or, without prejudice to any other remedy. Seller may terminate the Contract. Payment shall be due no later than 30 days after delivery unless otherwise agreed in writing by Seller. Seller may at any time, however, require payment in advance or at the time of delivery of the products or any part thereof. Seller reserves the right to cancel Buyer’s order for any reason. Any overdue payments shall bear interest at the rate of 1.5 %, per month or the maximum rate under the usury laws, whichever is less.
4. (a) Seller warrants that its products shall meet Sellers published, or mutually agreed upon, specifications applicable to the products for the period of the products applicable published shelf life. Seller agrees, at its discretion to repair, replace or refund the cost of any product or part thereof proved to be defective in material or workmanship under normal use for a period of thirty (30) days, after delivery unless otherwise specifically agreed in writing by the Seller. For equipment, seller shall provide separate warranties as applicable depending upon the nature and type of equipment. For auxiliary items furnished by Seller, the warranty is limited to that which is available by the manufacturer thereof. THE FOREGOING ARE THE ONLY WARRANTIES WITH RESPECT TO THE PRODUCTS, OR ANY MATERIALS, EQUIPMENT OR ANY OF THE COMPONENTS PURCHASED FROM OTHERS AND FURNISHED BY SELLER, AND THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE. THE WARRANTY OF MERCHANTABILITY IS EXPRESSLY LIMITED AS HEREIN PROVIDED AND ALL WARRANTIES OF FITNESS ARE EXPRESSLY DISCLAIMED AND EXCLUDED.
(b) Seller’s recommendations or instructions as to the use of any product, including its use alone or in combination with other products or are based upon information believed to be reliable, but Seller makes no warranty or guarantee of results and assumes no obligations or liability with respect thereto. Seller assumes no responsibility for any assembly into which Sellers product is incorporated as a component product or part. Buyer shall be responsible for designing and conducting all testing to determine whether any product is appropriate for its application. Any recommendations or instructions from Seller are not intended to suggest operations that would infringe or not infringe, as the case may be, any patents belonging to third parties, and Seller assumes no liability or responsibility for infringement of any such patents. Seller may, without liability to Buyer of any kind, decline to continue deliveries of any product, the manufacture, sale or use of which, in Seller’s opinion, would infringe any such patent now or hereafter issued.
(c) Seller shall not be liable for incidental, consequential or resulting loss or damage of any kind and Buyers exclusive remedy and the limits of Seller’s liability, including liability for negligence, shall be the purchase price of that portion of the product proved to be defective. Failure to make a claim within thirty (30) days receipt of the products shall be deemed to constitute a satisfactory performance by Seller and a waiver of all claims by Buyer.
d) Seller, at it’s sole discretion, will accept return of goods. If authorized, returned product must be in original condition and packaging. Returns requested outside of our standard return period or for Special Order Items will incur a restocking fee of no less than 35% if approved OR may be declined. Buyer shall also pay all shipping costs for returns of any kind. H-1, Food Grade & USP products are absolutely not returnable. A number of items that we sell are labeled as "Non-Returnable". All “Special Order” or “Non-Cancelable” are non-refundable products. Items thats are Special Order or Non-Cancelable are non-refundable under any other circumstances. These “Special Order” or “Non-Cancelable” items are not eligible for our standard return policy described on this page. We do not accept returns or cancellations on these items once the order is placed (this includes manufacturer delays). No exceptions will be made to this policy, it is the customers responsibility to confirm whether an item is retunable or not. However, the manufacturer's warranty still applies to these items. Non-refundable products are still completely covered against shipment damages, as long as they are noted in accordance with our policy. An item's Return Policy will be noted on the item page below the Add To Cart button, on all Order Confirmation emails, as well as on the Order Details page of our website. If you require assistance with a Non-Returnable Item, please contact our customer service team.The following items are non-cancelable/non-returnable:
1. Special Order items, defined as products outside the realm of normal existing stock and/or items that include: any modifications specified by the customer, product sourced outside of our standard supply chain, products shipped directly from a manufacturer warehouse, or products that are made to order by the manufacturer.
2. Items that require HAZMAT shipping
3. Items become Special Order when the line total is over $1000, or a greater than usual amount is placed on order (ie. When 1000 pieces of a $.50 part are ordered)
Over-sized and select additional items may also be non-cancelable/non-returnable. Please consult the product page and/or your product specialist for details.
(e) Product images displayed are for reference only. These images may show accessories that are not included, or different models/versions of a product. Seller is not liable or responsible for inaccuracies in product images. Please refer to the product description or specifications for the most accurate information for these products. If an RMA is requested for a product, the product's stated return policy will govern. Inaccurate product images will not override the stated return policy.
5. All products are sold to Freight On Board shipping point with transportation at the expense of Buyer and unless otherwise stated herein, Seller reserves the right to select the means of transportation and routing. (risk of loss or damage shall pass to Buyer upon delivery of the products to the transportation company FOB shipping point). All deliveries made to public carriers are made subject to the terms of such carrier’s bill of lading and tariffs, and the carrier shall be deemed the Buyer’s agent irrespective of the terms of sale. All risks of loss, damage to, and disappearance of the products shall be borne by the Buyer from after delivery of the products to the carrier. The Seller shall have no liability whatsoever for delay in delivery. We try to ship your order on the same day we receive it. We ship only on standard business days. If your shipment is time-sensitive, please contact before ordering to confirm that we will be able to meet your requirements. We will make all reasonable efforts to initiate shipment and schedule delivery as close as possible to your requested delivery date(s). However, please keep in mind that our delivery dates are estimates only and shipments may be affected by factors outside our control that we cannot be responsible for delays or shipping errors caused by the shipment carriers. Failure to make shipments as scheduled does not constitute a cause for cancellation and/or for damages of any nature. Orders may not be canceled or rescheduled after the order has been submitted by factorysupplyoutlet.com to the shipment carrier.
As long as the product is in stock, we can ship most items via Overnight, or 2 Day delivery methods. All express orders, overnight, second day, and three day deliveries placed must be received by 11:00AM Pacific Standard Time in order for us to attempt to ship it out same day. Some items, such as hazmat, aerosols, or oversized products are ineligible to ship via air, and will be changed to standard ground shipping. If for any reason you order will not ship immediately for expedited shipping, we will contact you via email or phone. If we are unable to reach you, the order will be shipped via the requested method as soon as it is available. If an order is placed to be shipped via Express (Overnight, or 2 Day), and it is delayed by the shipping carrier, it is the customers responsibility to file a claim with the carrier. Factorysupplyoutlet.com will not issue a refund for shipping delays caused by carriers. If an Express order is delayed before it ships, it will still be shipped via the chosen method unless the customer reaches out and requests to have the order shipped via a Free shipping method, in which case a full credit will be issued for shipping charges. This change can only be made if an order has not yet reached "Shipped" or "Picked" status. If a delayed order is shipped via an Express Method, factorysupplyoutlet.com will not issue a refund for shipping charges.
At times we are waiting on shipments from the manufacturers who may encounter part or component issues in manufacturing the products. While we do our best to get your products out to you quickly, these manufacturer delays are unfortunately out of our control. If you no longer want a product you ordered, due to delays from a shipping carrier or the manufacturer, you will be responsible for the return shipping cost. The products must be returned in new and unused condition in the original packaging. The Return Form must be included in the box. The customer is responsible for all shipping charges associated with the return or exchange. Orders for Non-Refundable / Non-Cancelable products cannot be cancelled for any reason. This includes lead times. We do our best to accommodate your request, however in most circumstances this is typically the manufacturers policy as well for our purchase with them.
With Free Shipping, your product will be shipped via UPS or FedEx Ground. If your order contains items that do not qualify for the free shipping you will be charged the cost to ship those items. Also note, free ground shipping is valid only within the Contiguous United States and excludes Alaska and Hawaii. Please contact us if you would like to find out more about which items qualify for free shipping.
UPS and FedEx do not ship to PO Boxes. All addresses should include a street address, city, state, and postal code. If special instructions are necessary, please note them on the checkout page. Customers are responsible for entering the correct shipping information; this includes matching the address with the correct postal code as entered in the checkout process. If Fedex cannot find the shipping destination due to customer error in entering the address, the shipping costs associated with returning the package to factorysupplyoutlet.com and re-shipping the package to its correct address will be the responsibility of the customer. If after the package returns to factorysupplyoutlet.com, a customer decides not to re-ship, the order will be subject to standard return policies including restocking fees.
6. Buyer assumes full responsibility for any liability arising out of unloading, discharge, storage handling and use of any product or product container alone or in combination with other substances, compliance or non-compliance with any laws or regulations relating thereto, and damage to or destruction.
7. Each of Seller’s products or part thereof or equipment shipped hereunder shall be deemed accepted by Buyer unless written notice specifying all claimed defects damages, shortages, or nonconformities is received by Seller within two (02) days of delivery of said products.
8. Time of delivery shall not be deemed of the essence.
9. Buyer shall reimburse Seller for all taxes, excises or charges which Seller may be required to pay to any government or governmental authority, which are, hereafter levied directly upon the production and or sale of any item delivered and invoiced herein.
10. Seller shall not be liable for failure to make any deliveries (or portions thereof) arising out of compliance with any law or other governmental action, or arising out of acts of God, labor troubles, shortage of materials or equipment, terrorism, interruption of or delay in transportation, or any other circumstance of like or different nature beyond the reasonable control of Seller. If any such contingencies occur, Seller may, without liability to Buyer of any kind, keep its available supply of any product for its own uses or distribute it among its customers upon such basis and in such manner as seller deems fair and practicable. At the option of either party the total quantity to be delivered shall be reduced by the quantity not delivered on account of such cause.
11. Seller’s weights shall govern, except in case of proved error.
12. Any notice will be sufficiently given when duly mailed, addressed to Seller or to Buyer at their respective addresses appearing herein, or to such other address for either party as that party may designate by written.
13. This contract shall bind the respective successors and assigns of the parties hereto, but none of Buyer’s rights or obligations hereunder shall be assigned without Seller’s prior written consent.
14. A waiver, by Seller, of non-conformance any provision of this or any other agreement shall not be construed as a waiver of any prior or subsequent non-conformance in this or other transactions.
15. Prices of certain products offered by Seller may induce royalty for use thereof in operations covered by patents owned by Seller or under which Seller is licensed with the right to grant sub-licenses. Licenses to use such products at the established royalty rate and unrestricted as to the source of materials used are available from Seller.
16. Seller certifies that in the production of products covered hereby Seller has complied with the provisions of the Fair Labor Standards Act of 1938, as amended. To the best of Seller’s knowledge, the products covered hereby comply as applicable with the Occupational Safety and health Act of 1970 and the Toxic Substances Control Act of 1976 currently in effect. Seller’s liability hereunder is limited to that stated in Clause 4(c) above.
17. In the event that Seller provides Buyer with propriety compositions for evaluation, Buyer agrees to abided by the Export Administration Regulations promulgated by the U.S. Bureau of Industry and Security and regulations promulgated by the relevant authorities in other jurisdictions, and not export or re-export such proprietary compositions without first obtaining any necessary licenses and the prior written approval by Seller. Seller makes no representation that any propriety composition supplied to Buyer is available for export, and seller also makes no representation that any proprietary composition supplied to Buyer meets the International Traffic and Arms Regulations.